Archive:April 26, 2024

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Don’t Bank on it: FDIC Board Withdraws Asset Manager Bank Control Proposals
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FTC Ban on Non-Competes Could Be Challenging to Asset Managers

Don’t Bank on it: FDIC Board Withdraws Asset Manager Bank Control Proposals

By: Grant F. Butler and Yuki Sako

Two proposals regarding oversight of the control of banks by asset managers were withdrawn at the 25 April board meeting of the Federal Deposit Insurance Corporation (FDIC). These proposals were a result of increasing concern by bank regulators regarding concentration in control of banks by institutional investors, particularly index funds.

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FTC Ban on Non-Competes Could Be Challenging to Asset Managers

By: Ed Dartley and Robert H. McCarthy, Jr.

On 23 April 2024, the Federal Trade Commission (FTC) voted 3-2 to approve a rule that will prohibit for-profit employers from either entering into non-compete clauses with workers or enforcing existing non-compete clauses against most workers (the Non-Compete Rule). Initially proposed in January 2023 (and discussed here), the Non-Compete Rule’s impact on asset managers will be significant if and when it becomes effective, which is currently scheduled to be in August 2024.

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